Matthew A. Fontana of Faegre Drinker Biddle & Reath. Courtesy photo No-Poach Agreements: Options for Employers to Protect Their Workforces
Given the DOJ's recently renewed scrutiny under the Biden administration of "no poach" and "no hire" agreements between competitors, many employers are wondering what legal steps they can take to protect their workforces from unlawful raiding by a competitor.
October 26, 2021 at 01:05 PM
8 minute read
Jail time for agreeing with a competitor not to solicit or hire their employees? Sounds like fiction, but, under the U.S. Department of Justice's recent "antitrust guidance for human resource professionals," such an outcome is a reality that HR professionals (and their companies) need to understand and navigate. Given the DOJ's recently renewed scrutiny under the Biden administration of "no poach" and "no hire" agreements between competitors, many employers are wondering what legal steps they can take to protect their workforces from unlawful raiding by a competitor.
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